@serbska, they shouldn't, but it's not the childs or parents fault (yet it feels like parents get the blame!). Like you say, its all about cost cutting.
There are so many children that should be offered sen schools but aren't. Inadequate ehcps are written, hence why the funding isn't enough for what's expected, LAs implement unlawful banding, which again leaves funding shortfalls. Many parents don't know how to get an sen school or even that they can fight for one. They accept everything they are told as gospel.
To get an EHCP should be simple and take 20 weeks. In reality to get decent support often looks like this:
School say child will never get an ehcp as they don't meet the LAs unlawful criteria.
Application is made and some LAs run over the statutory 6 week decision time
Decision is made on issuing and its no, the panel have decided your child doesn't meet another 3/4/5/6 unlawful criteria. Again some LAs over run the statutory time line of 14 weeks.
Mediation is thrown out, wastes weeks of times, parents still told no
Parents appeal to the tribunal (takes about 10 weeks). Some LAs concede pretty quickly because they know they haven't followed the law some concede at the last possible minute, wasting more time.
LAs then assess, but refuse to actually do the necessary assessments due to further unlawful criteria
Parents complain, but lengthy complaints processes mean its too late to do anything as the ehcp process has moved on by the time it's resolved, often by the LGO!
As the necessary assessments and resulting information aren't sought, there isn't an accurate picture of the childs needs
From here either:
The EHCP is then refused because of not enough evidence to say it's required because they didn't do the right assessments
Parents either appeal and are forced to pay privately for the assessments the LA refused to do OR
Appeal and the tribunal order the LA to do the assessments. Appeals take 12 weeks, if assessments are done this is at least another 6. More time wasted whilst the child is inadequately supported.
An EHCP may be awarded/or is now forced by the tribunal
The plan is vague and inadequate. LAs refuse to make their ed psychs write proper detailed, specific info. LAs will try to ignore private reports and recommendations.
Child is chucked into an unlawful (there's a theme here!) funding band meaning funding likely won't cover the provision needed at some point, if not straight away.
Plan names mainstream, parents want sen school
Parents mediate, LA tell parents they can have sen school if parents do transport emotional blackmail
More time is wasted
Patents hit tribunal, again, to get the right school/to get transport/to get private assessment recommendations and advice included. Another 12 weeks out the window.
Tribunal makes orders, if it's to solidify the ehcp provision more time goes by whilst another plan is written
Finally a decent ehcp is done.
This is a typical ehcp process for many sen parents who fight for proper funding and provision in their childs plan. Without this an ehcp will likely still not adequately meet a childs needs as the LA only think about ££ and cost cut wherever they can get away with it I hope it answers some of the questions about why some kids don't have one or why it doesn't adequately fund a TA.
Our time would not be cheap were we doing all this stuff as a job ie a legal rep. But as we are parents our time is not valued at all. Of course some parents do pay a legal rep to do all this for them. Most cannot afford that and many give up as they believe whatever school/the LA tell them and do not know the law says different.